[HISTORY: Adopted by the Board of Trustees
of the Village of South Glens Falls 6-6-2001 by L.L. No. 1-2001. Amendments noted where
applicable.]
A.Â
It is recognized that there are some uses which, because
of their very nature, have serious objectional operational characteristics
under certain circumstances which produce a deleterious effect upon
adjacent areas. Special regulation of these uses is necessary to ensure
that adverse effects will not contribute to the blighting or downgrading
of the surrounding neighborhood. The Board of Trustees of the Village
of South Glens Falls finds it in the public interest to enact regulations
pertaining thereto. The purpose of such regulations is to prevent
or lessen the secondary effects of adult entertainment uses and not
to in any manner inhibit constitutionally protected freedom of speech
or freedom of expression.
B.Â
The unrestrained proliferation and inappropriate location
of businesses with adult entertainment uses as their primary purpose
is inconsistent with existing development and future plans for the
Village of South Glens Falls in that such businesses often result
in influences on the community which increase the crime rate and undermine
the economic and social welfare of a community. Deleterious effects
of adult entertainment businesses change the economic and social character
of an existing community and adversely affect existing businesses,
community and family life.
As used in this chapter, the following terms
shall have the meanings indicated:
A public or private establishment which regularly presents
topless and/or bottomless dancers, strippers, waiters or waitresses,
male or female impersonators, lingerie models, exotic or other similar
entertainment or films, motion pictures, videos, slides or other photographic
material or which utilizes employees that, as part of their employment,
regularly expose patrons to specified sexual activities or specified
anatomical areas.
Any business in which a significant portion of its inventory
and trade includes books, magazines, periodicals or other printed
matter or photographs, films, videos, slides or other visual presentations
which are characterized by the exposure or emphasis of specified sexual
activities or specified anatomical areas, or instruments, devices
or paraphernalia which are designed for use in connection with specified
sexual activities, which are offered for sale, rental or viewing,
on or off the premises.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration.
Any motion-picture theater where, for any form of consideration,
films, motion pictures, video cassettes, slides or other photographic
reproduction are shown, and in which a substantial portion of the
total presentation time is devoted to the showing of material characterized
by an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas.
A theater, concert hall, auditorium or similar establishment
which, for any form of consideration, regularly features live performances
characterized by the exposure of specified sexual activities or specified
anatomical areas.
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, sauna baths or steam baths. This definition shall not be
construed to prohibit activities in a hospital, nursing home or medical
clinic or the office of a licensed physician, surgeon, chiropractor,
osteopath, duly licensed physical therapist or duly licensed massage
therapist or barbershop or beauty salon, athletic club, health club,
school or similar activity where massage or similar manipulation of
the human body is offered as an incidental accessory service.
A theater which presents materials distinguished or characterized
by primary emphasis on matters depicting, describing or relating to
specified sexual activities or specified sexual anatomical areas in
the form of live shows, films or videotapes, viewed from an individual
enclosure for which a fee is charged.
Specified sexual activities are:
Specified anatomical areas are:
A.Â
Adult entertainment uses are an allowable use in the
northern area of the Industrial Zoning District (M-1) as shown on
the Zoning Map of the Village of South Glens Falls adopted October
28, 1992, but are otherwise prohibited within:
(1)Â
Five hundred feet of any zoning district which is
zoned to allow residential use.
(2)Â
Five hundred feet of any single-family, two-family
or multiple-family dwelling, including structures devoted to both
residential and commercial business purposes.
(3)Â
Five hundred feet of any public or private school.
(4)Â
Five hundred feet of any church or other religious
facility or institution.
(5)Â
Five hundred feet of any public park, public bike
path, playground or playing field, cemetery or civic or recreational
facility.
B.Â
No adult entertainment use shall be allowed within
500 feet of another existing adult entertainment use.
C.Â
No more than one adult entertainment use shall be
located on any taxable parcel lot.
D.Â
The distances provided hereinabove shall be measured
by following a straight line, without regard to intervening buildings,
from the nearest point of the property parcel upon which the adult
entertainment use is to be located to the nearest point of the parcel
of property or land use district boundary line from which the adult
entertainment use must be separated.
A.Â
No adult entertainment use shall be conducted in any
manner that allows the observation of any material depicting, describing
or relating to specified sexual activities or specified anatomical
areas from any public way or from any property not containing an adult
entertainment use. This provision shall apply to any display, decoration,
sign, show, window or other visual access.
B.Â
There shall be no outdoor sign, display or advertising
of any kind other than one identification sign limited only to the
name of the establishment.
C.Â
Any proposed adult entertainment use shall first be required to obtain site plan approval from the Planning Board in accordance with Chapter 153, Zoning, of the Code of the Village of South Glens Falls before commencing any adult entertainment use.
D.Â
Any adult entertainment use shall meet all other regulations
of the Village of South Glens Falls.
E.Â
It shall be unlawful to operate an adult entertainment
use between the hours of 12:00 midnight and 8:00 a.m.
A.Â
Should any section or provision of this chapter be
declared to be unconstitutional, unenforceable or invalid by any court
of competent jurisdiction, such decision shall not affect the validity
of the balance or remaining portions of this chapter.
B.Â
This chapter shall take effect immediately upon filing
with the New York State Secretary of State.
